RANGANATHA NAICKER Vs. V.K. KASI SHAH

JUDGEMENT

(1.) TENANT in R.C.O.P. 44 of 1990 on the file of Rent Controller, Kancheepuram is the revision petitioner.

(2.) LANDLORD filed eviction petition on the ground that tenant has committed wilful default in payment of rent from the month of October 1982 to October 1990 for 97 months, at the rate of Rs. 250/- per month. Notice was issued on 7.10.1990 asking tenant to vacate the premises and also informing about the default in payment of rent. It is further alleged by landlord that the building requires immediate demolition and reconstruction. Scheduled building is only a shed and that is in dilapidated condition. Landlord got financial capacity to put up new construction and also obtained plan and licence for putting up new construction. To the notice issued by landlord, a reply was sent refusing to surrender possession and also taking contention that superstructure belongs to him and he has taken only vacant site on lease.

(3.) ON the above pleadings, parties went on trial. Exs.P1 to P12 were marked on the side of landlord and oral evidence consists of PW1 and RW1. On the side of revision petitioner/tenant, no documentary evidence was produced.